DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species D, claims 13-15 in the reply filed on 08/04/2026 is acknowledged.
Claims 1-12 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 08/04/2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/22/2025 is considered by the examiner.
Drawings
The drawings are objected to because there appears to be an arrow missing between the step shown by reference number 470 and the step shown by reference 370 in Figure 7, reproduced below.
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Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DePietro et al. (US 2007/0298176; cited on IDS).
Regarding claim 13, DiPietro et al. teaches a molding composition and a method of forming structures on a substrate as shown in Figures 1F-1I and 2G-2I ([0007-0009, 0066-0069]). Figure 1H is reproduced below for reference.
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DiPietro et al. teaches a structure comprising in order a substrate (100; polymeric support film) with first and second major surfaces, a first adhesion layer (105; etch stop layer), a transfer layer (110; pattern transfer layer), a second adhesion layer (115), a molding layer (120; nanoreplicated resin layer) comprising a molded pattern (engineered nanostructures) formed therein, and a backfill layer forming etch barrier islands (175B) ([0007-0009, 0066-0069]). As shown by Figure 1H, the molding layer (120; nanoreplicated resin layer) comprises a first surface adjacent the transfer layer (110; pattern transfer layer) and a second surface further comprising a molded pattern (engineered nanostructures) formed therein having dimensions of width, length and height ([0007-0009, 0066-0069]).
DiPietro et al. teaches that the first adhesion layer (105; etch stop layer) is comprised of compounds including alkoxy silanes (i.e. metal oxides) ([0015-0016, 0053-0057]), which is similar to the materials disclosed in Table 1 for the claimed etch stop layer, therefore, the first adhesion layer (105; etch stop layer) taught by DiPietro et al. would be capable of performing as etch stop and etch resist layers respectively.
Regarding claim 15, DiPietro et al. teaches all the limitations of claim 13 above, and further teaches that the molded pattern (engineered nanostructures) formed in the molding layer (120; nanoreplicated resin layer) has dimensions of length, width and height as shown at least by Figure 1H above, and are disclosed in the examples to have dimensions such as 50nm, 90nm ([0079-0080]), falling within the opened ended range recited by claim 15 of “less than 10 microns”.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over DePietro et al. (US 2007/0298176; previously cited as prior art of record but not relied upon).
Regarding claim 14, DiPietro et al. teaches all the limitations of claim 13 above. While the reference does not expressly teach that the structure transmits visible or infrared light, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the structure taught by DiPietro et al. would be able to transmit either visible or infrared light because the reference does not teach any opaque or light blocking materials used in the layers of the structure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAURA POWERS whose telephone number is (571)270-5624. The examiner can normally be reached Monday-Thursday, 10:00AM-3:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at 571-272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LAURA POWERS
Examiner
Art Unit 1785
/LAURA C POWERS/Primary Examiner, Art Unit 1785
